Legal Question in Real Estate Law in Florida

Construction/Development

I bought a house in a neighborhood that was just being developed. The contractor has since stopped developing and left the project. Can I sue the contractor for not fulfilling the obligation to develop the neighborhood? There are also several ammenities (gated, park, etc.) that were reasons why I bought into this neighborhood, all of which never were completed, the gate was never installed.


Asked on 8/19/07, 7:32 pm

3 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Construction/Development

It is unlikely that you can assert a claim.

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Answered on 8/20/07, 12:58 pm
Randall Gilbert Gilbert & Caddy P.A.

Re: Construction/Development

If you entered into a contract and the developer did not perform then the developer breached. There is also a possible federal cause of action to obtain your deposit back and ask that the contract you entered into be rescinded, but it depends on factors concerning the development and how big it is. Usually the contract specifies what damages a party can seek when the developer fails to deliver what it promised. Absent a clause, it is usally the difference in value from what you purchased the property for and the value that the property would have been worth if it was delivered on the date specified in the contract. Good luck and if you need additional information regarding construction we have a lot of helpful advice at our website at http://www.theconstructionlawyers.com/

Randall Gilbert

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Answered on 8/28/07, 11:08 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Construction/Development

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, you can sue but the developer may not be solvent at this time. If so, any judgment that you might obtain would not be collectable. You should consult an attorney regarding your legal rights and possible causes of action.

Scott R. Jay, Esq.

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Answered on 8/19/07, 9:56 pm


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